8 U.S.C. § 1372 : US Code - Section 1372: Program to collect information relating to nonimmigrant foreign students and other exchange program participants

Search 8 U.S.C. § 1372 : US Code - Section 1372: Program to collect information relating to nonimmigrant foreign students and other exchange program participants

(a) In general
(1) Program
The Attorney General, in consultation with the Secretary of
State and the Secretary of Education, shall develop and conduct a
program to collect from approved institutions of higher
education, other approved educational institutions, and
designated exchange visitor programs in the United States the
information described in subsection (c) of this section with
respect to aliens who - 
(A) have the status, or are applying for the status, of
nonimmigrants under subparagraph (F), (J), or (M) of section
1101(a)(15) of this title; and
(B) are nationals of the countries designated under
subsection (b) of this section.
(2) Deadline
The program shall commence not later than January 1, 1998.
(3) Aliens for whom a visa is required
The Attorney General, in consultation with the Secretary of
State, shall establish an electronic means to monitor and verify -

(A) the issuance of documentation of acceptance of a foreign
student by an approved institution of higher education or other
approved educational institution, or of an exchange visitor
program participant by a designated exchange visitor program;
(B) the transmittal of the documentation referred to in
subparagraph (A) to the Department of State for use by the
Bureau of Consular Affairs;
(C) the issuance of a visa to a foreign student or an
exchange visitor program participant;
(D) the admission into the United States of the foreign
student or exchange visitor program participant;
(E) the notification to an approved institution of higher
education, other approved educational institution, or exchange
visitor program sponsor that the foreign student or exchange
visitor participant has been admitted into the United States;
(F) the registration and enrollment of that foreign student
in such approved institution of higher education or other
approved educational institution, or the participation of that
exchange visitor in such designated exchange visitor program,
as the case may be; and
(G) any other relevant act by the foreign student or exchange
visitor program participant, including a changing of school or
designated exchange visitor program and any termination of
studies or participation in a designated exchange visitor
program.
(4) Reporting requirements
Not later than 30 days after the deadline for registering for
classes for an academic term of an approved institution of higher
education or other approved educational institution for which
documentation is issued for an alien as described in paragraph
(3)(A), or the scheduled commencement of participation by an
alien in a designated exchange visitor program, as the case may
be, the institution or program, respectively, shall report to the
Immigration and Naturalization Service any failure of the alien
to enroll or to commence participation.
(b) Covered countries
The Attorney General, in consultation with the Secretary of
State, shall designate countries for purposes of subsection
(a)(1)(B) of this section. The Attorney General shall initially
designate not less than 5 countries and may designate additional
countries at any time while the program is being conducted.
(c) Information to be collected
(1) In general
The information for collection under subsection (a) of this
section with respect to an alien consists of - 
(A) the identity and current address in the United States of
the alien;
(B) the nonimmigrant classification of the alien and the date
on which a visa under the classification was issued or extended
or the date on which a change to such classification was
approved by the Attorney General;
(C) in the case of a student at an approved institution of
higher education, or other approved educational
institution,,(!1) the current academic status of the alien,
including whether the alien is maintaining status as a full-
time student or, in the case of a participant in a designated
exchange visitor program, whether the alien is satisfying the
terms and conditions of such program;
(D) in the case of a student at an approved institution of
higher education, or other approved educational
institution,,(!1) any disciplinary action taken by the
institution against the alien as a result of the alien's being
convicted of a crime or, in the case of a participant in a
designated exchange visitor program, any change in the alien's
participation as a result of the alien's being convicted of a
crime; and (!2)
(E) the date of entry and port of entry;
(F) the date of the alien's enrollment in an approved
institution of higher education, other approved educational
institution, or designated exchange visitor program in the
United States;
(G) the degree program, if applicable, and field of study;
and
(H) the date of the alien's termination of enrollment and the
reason for such termination (including graduation, disciplinary
action or other dismissal, and failure to re-enroll).
(2) FERPA
The Family Educational Rights and Privacy Act of 1974 [20
U.S.C. 1232g] shall not apply to aliens described in subsection
(a) of this section to the extent that the Attorney General
determines necessary to carry out the program under subsection
(a) of this section.
(3) Electronic collection
The information described in paragraph (1) shall be collected
electronically, where practicable.
(4) Computer software
(A) Collecting institutions
To the extent practicable, the Attorney General shall design
the program in a manner that permits approved institutions of
higher education, other approved educational institutions, and
designated exchange visitor programs to use existing software
for the collection, storage, and data processing of information
described in paragraph (1).
(B) Attorney General
To the extent practicable, the Attorney General shall use or
enhance existing software for the collection, storage, and data
processing of information described in paragraph (1).
(5) Reporting requirements
The Attorney General shall prescribe by regulation reporting
requirements by taking into account the curriculum calendar of
the approved institution of higher education, other approved
educational institution, or exchange visitor program.
(d) Participation by institutions of higher education and exchange
visitor programs
(1) Condition
The information described in subsection (c) of this section
shall be provided by institutions of higher education, other
approved educational institutions, or exchange visitor programs
as a condition of - 
(A) in the case of an approved institution of higher
education, or other approved educational institution,,(!1) the
continued approval of the institution under subparagraph (F) or
(M) of section 1101(a)(15) of this title; and
(B) in the case of an approved institution of higher
education or a designated exchange visitor program, the
granting of authority to issue documents to an alien
demonstrating the alien's eligibility for a visa under
subparagraph (F), (J), or (M) of section 1101(a)(15) of this
title.
(2) Effect of failure to provide information
If an approved institution of higher education, other approved
educational institution, or a designated exchange visitor program
fails to provide the specified information, such approvals and
such issuance of visas shall be revoked or denied.
(e) Funding
(1) In general
Beginning on April 1, 1997, the Attorney General shall impose
on, and collect from, each alien described in paragraph (3), with
respect to whom the institution or program is required by
subsection (a) of this section to collect information, a fee
established by the Attorney General under paragraph (4) at a time
prior to the alien being classified under subparagraph (F), (J),
or (M) of section 1101(a)(15) of this title.
(2) Remittance
The fees collected under paragraph (1) shall be remitted by the
alien pursuant to a schedule established by the Attorney General
for immediate deposit and availability as described under section
1356(m) of this title.
(3) Aliens described
An alien referred to in paragraph (1) is an alien who seeks
nonimmigrant status under subparagraph (F), (J), or (M) of
section 1101(a)(15) of this title (other than a nonimmigrant
under section 1101(a)(15)(J) of this title who seeks to come to
the United States as a participant in a program sponsored by the
Federal Government).
(4) Amount and use of fees
(A) Establishment of amount
The Attorney General shall establish the amount of the fee to
be imposed on, and collected from, an alien under paragraph
(1). Except as provided in subsection (g)(2) of this section,
the fee imposed on any individual may not exceed $100, except
that, in the case of an alien admitted under section
1101(a)(15)(J) of this title as an au pair, camp counselor, or
participant in a summer work travel program, the fee shall not
exceed $40, except that, in the case of an alien admitted under
section 1101(a)(15)(J) of this title as an au pair, camp
counselor, or participant in a summer work travel program, the
fee shall not exceed $35.(!3) The amount of the fee shall be
based on the Attorney General's estimate of the cost per alien
of conducting the information collection program described in
this section.
(B) Use
Fees collected under paragraph (1) shall be deposited as
offsetting receipts into the Immigration Examinations Fee
Account (established under section 1356(m) of this title) and
shall remain available until expended for the Attorney General
to reimburse any appropriation the amount paid out of which is
for expenses in carrying out this section. Such expenses
include, but are not necessarily limited to, those incurred by
the Secretary of State in connection with the program under
subsection (a) of this section.
(5) Proof of payment
The alien shall present proof of payment of the fee before the
granting of - 
(A) a visa under section 1202 of this title or, in the case
of an alien who is exempt from the visa requirement described
in section 1182(d)(4) of this title, admission to the United
States; or
(B) change of nonimmigrant classification under section 1258
of this title to a classification described in paragraph (3).
(6) Implementation
The provisions of section 553 of title 5 (relating to rule-
making) shall not apply to the extent the Attorney General
determines necessary to ensure the expeditious, initial
implementation of this section.
(f) Joint report
Not later than 4 years after the commencement of the program
established under subsection (a) of this section, the Attorney
General, the Secretary of State, and the Secretary of Education
shall jointly submit to the Committees on the Judiciary of the
Senate and the House of Representatives a report on the operations
of the program and the feasibility of expanding the program to
cover the nationals of all countries.
(g) Worldwide applicability of program
(1) Expansion of program
Not later than 12 months after the submission of the report
required by subsection (f) of this section, the Attorney General,
in consultation with the Secretary of State and the Secretary of
Education, shall commence expansion of the program to cover the
nationals of all countries.
(2) Revision of fee
After the program has been expanded, as provided in paragraph
(1), the Attorney General may, on a periodic basis, revise the
amount of the fee imposed and collected under subsection (e) of
this section in order to take into account changes in the cost of
carrying out the program.
(h) Definitions
As used in this section:
(1) Approved institution of higher education
The term "approved institution of higher education" means a
college or university approved by the Attorney General, in
consultation with the Secretary of Education, under subparagraph
(F), (J), or (M) of section 1101(a)(15) of this title.
(2) Designated exchange visitor program
The term "designated exchange visitor program" means a program
that has been - 
(A) designated by the Secretary of State for purposes of
section 1101(a)(15)(J) of this title; and
(B) selected by the Attorney General for purposes of the
program under this section.
(3) Other approved educational institution
The term "other approved educational institution" includes any
air flight school, language training school, or vocational
school, approved by the Attorney General, in consultation with
the Secretary of Education and the Secretary of State, under
subparagraph (F), (J), or (M) of section 1101(a)(15) of this
title.